DWI in Texas Explained in Simple Words by Attorney John Hicks

Recently, a former Texan football player found himself in hot water after being arrested on suspicion of driving while intoxicated (DWI) following a crash in Austin. The incident sheds light once again on the serious consequences and legal complexities concerning DWI charges in the state of Texas.

DWI, known as driving while intoxicated in Texas, carries severe penalties that can have lasting repercussions for those charged. Forbes Advisors’ recent 2024 report also reveals that Texas has a concerning rate of drunk drivers involved in fatal crashes, with 42.37% of all traffic deaths being caused by drunk drivers and the third-highest rate of underage drunk drivers involved in fatal crashes.

The scenario leading to a DWI charge can be deceptively commonplace. A casual evening out with friends can quickly escalate, leading individuals to make the ill-advised decision to operate a motor vehicle while under the influence. This decision, fueled by a false sense of confidence or convenience, can have dire consequences.

Attorney John Hicks, owner of The Hicks Law Firm, and a seasoned expert in criminal defense, offers insights into the legal landscape surrounding DWI cases and sheds light on the potential consequences individuals may face. “Being charged with DWI in Texas can be downright scary,” states Mr. Hicks.

Texas law defines DWI as operating a vehicle with a blood alcohol count (BAC) of 0.08 percent or more while intoxicated by alcohol and/or drugs. The term ‘operate’ is actually broad and encompasses any action that affects the functioning of a vehicle that enables its use, which highlights the seriousness with how the state treats impaired driving. “The consequences of a DWI conviction are far-reaching,” emphasizes John. “From employment possibilities to professional licenses, including renting a place and even college financial aid, individuals may find themselves facing significant hurdles in the aftermath of the conviction.”

The penalties for DWI offenses in Texas vary depending on factors such as prior convictions and the presence of aggravating circumstances. For a first offense, individuals may face jail time ranging from 72 hours to 6 months. Further, a comprehensive overview of the potential penalties offenders may face as explained by the attorney, “For a second offense, jail time is generally 30 days to 12 months, with fines up to $4,000 and license suspension lasting from 180 days to 2 years.”  The third offense escalates the severity, with jail time of 2 years to 10 years, fines of up to $10,000, and license suspension for the same duration.

Moreover, certain circumstances can elevate the DWI offense to a felony charge, significantly amplifying the legal ramifications. When an offender has two or more prior DWI convictions within the last ten years, the third offense generally is often prosecuted as a third-degree felony. This carries 2 to 10 years in prison and up to $10,000 in fines. John Hicks further emphasizes that DWI offenses resulting in injury or death can lead to felonies such as intoxication assault or intoxication manslaughter. “These offenses carry severe penalties, including lengthy prison sentences and substantial fines,” Mr. Hicks states.

The judge handling a DWI case furthermore has the discretion to impose additional penalties as deemed appropriate, such as requiring a defendant to complete a substance abuse treatment program, perform community service, and pay restitution to anyone harmed by their actions. In addition, the defendant will face higher auto insurance premiums that could total thousands of dollars over the next few years.

The legal complications extend beyond criminal penalties, with DWI convictions potentially impacting various aspects of individuals’ lives. Texas’ zero tolerance laws for underage drivers mean that even a trace amount of alcohol in their system can result in a DWI conviction. This can lead to significant consequences, including the above penalties and such and mandatory participation in alcohol awareness programs.

Attorney Hicks emphasizes the importance of seeking experienced legal representation when facing DWI charges. “I know these kinds of cases often leave my clients with more questions than answers,” he states. “This is why I remain in constant contact with them, providing them with information about their cases and details on what I am doing for them while also answering any questions they may have along the way.”

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